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2017 (3) TMI 1125 - AT - Central ExciseCENVAT credit - legality of credit availed on crossing of exemption limit - whether the appellant, as on the date, after exceeding the total exemption limit of 150 lakhs under SSI Exemption N/N. 8/2003-CE dated 01.03.2008, correctly availed CENVAT credit on the inputs lying in stock in accordance with the provisions of Rule 3(2) of CCR, 2004? - Held that: - No contrary evidence has been placed by the Revenue to show that these inputs were not in stock as on 03.12.2009 - in the absence of any contrary evidence led down by the department in support the allegation that the inputs on which credit taken by the appellant as on 03.12.2009 were not available in stock, the claim of the appellant, supported by evidence carries weight and acceptable - credit allowed - appeal allowed - decided in favor of assessee.
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